Thursday, October 25, 2012

Ind. Decisions - Update on Indiana Sex Offender Law

A petition to transfer has been filed in the case of Cline v. State. This was the July 26, 2012, 2-1 COA opinion where Chief Judge Robb's dissent includes: "This is a case about whether a person who should not have had to but was erroneously required to add his name and information to the registry in the first place is entitled to relief in the form of having his name and information removed." The majority in the case ruled no.

A month after Cline was decided, the 7th Circuit issued its opinion in Schepers, et al v. Ind. Dept. Corrections, requiring due process rights for individuals erroneously on the Sex Offender list. See this ILB post.

The ILB hasn't received the Cline petition to transfer, but it does have the Indiana ACLU amicus petition.

Today the Criminal Law and Sentencing Policy Study Committee met and agreed upon a draft of a bill to revise the Indiana Sex Offender statute. A copy of that draft is not yet posted on the study committee's website.